APPELLATE COURT OPINIONS

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O1C01-9703-CC-00112

O1C01-9703-CC-00112
Williamson County Court of Criminal Appeals 05/27/98
Suntrust Bank vs. Johnson

M1997-00202-COA-R3-CV
This appeal involves a dispute between a commercial bank and the Tennessee Department of Revenue regarding the bank's claim for a refund of the sales taxes paid in connection with defaulted retail installment sales contracts purchased from various automobile dealers. After the Department denied its refund claim, the bank sued the Commissioner of Revenue in the Chancery Court for Davidson County seeking a refund. Both parties eventually sought a summary judgment. The trial court granted the Commissioner's motion for summary judgment after concluding that it did not have jurisdiction to consider the bank's claim. Alternatively, the trial court held that the bank was not entitled to the requested refund because it was not the dealer who originally remitted the sales tax to the Department. We have determined that the trial court erred by determining that it lacked jurisdiction to consider the bank's refund claim. However, we have also determined that the trial court correctly concluded that the bank was not entitled to the requested refund because it was not the dealer who remitted the sales tax at issue.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ernest B. Pellegrin
Davidson County Court of Appeals 05/26/98
State vs. Hodge

03C01-9704-CC-00160
Sevier County Court of Criminal Appeals 05/26/98
State vs. John Bakenhus

01C01-9705-CC-00165

Originating Judge:Robert W. Wedemeyer
Montgomery County Court of Criminal Appeals 05/22/98
State vs. James Young

01C01-9605-CC-00208

Originating Judge:J. S. Daniel
Rutherford County Court of Criminal Appeals 05/22/98
State vs. Michael Wasson

02C01-9708-CR-00323

Originating Judge:Bernie Weinman
Shelby County Court of Criminal Appeals 05/22/98
State vs. James Young

01C01-9605-CC-00208

Originating Judge:J. S. Daniel
Rutherford County Court of Criminal Appeals 05/22/98
State vs. Luther McCutcheon

02C01-9708-CC-00298

Originating Judge:Julian P. Guinn
Henry County Court of Criminal Appeals 05/22/98
State vs. Anna Eadie

01C01-9708-CC-00380

Originating Judge:David G. Hayes
Montgomery County Court of Criminal Appeals 05/22/98
In State v. Preston, 759 S.W.2D 647 (Tenn. 1988), Our Supreme Court Held:

01C01-9708-CR-00362
Sumner County Court of Criminal Appeals 05/22/98
State vs. Clifford Cox

01C01-9705-CC-00191

Originating Judge:Robert W. Wedemeyer
Robertson County Court of Criminal Appeals 05/21/98
Special Judge Hamilton v. Gayden, Jr.

01S01-9704-CV-00081
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon.
Davidson County Workers Compensation Panel 05/21/98
State vs. Cleveland Rogers

01C01-9612-CC-00534
Montgomery County Court of Criminal Appeals 05/21/98
State vs. James Vaughn

01C01-9612-CR-00523
Sumner County Court of Criminal Appeals 05/21/98
Thomas Barlow vs. State

01C01-9707-CC-00257

Originating Judge:Gary R. Wade
Rutherford County Court of Criminal Appeals 05/21/98
01C01-9702-CC-000067

01C01-9702-CC-000067
Sequatchie County Court of Criminal Appeals 05/21/98
State vs. Wilbert Heller

01C01-9701-CC-00034
Marshall County Court of Criminal Appeals 05/21/98
Simmons vs. Russell, et. al.

01A01-9709-CV-00467

Originating Judge:James E. Walton
Montgomery County Court of Appeals 05/20/98
Cook vs. State

03C01-9709-CR-00390
Court of Criminal Appeals 05/20/98
State vs. Kara Conero

03C01-9811-CR-00382
Washington County Court of Criminal Appeals 05/20/98
Lawson vs. Lawson

03A01-9709-CH-00406
Claiborne County Court of Appeals 05/20/98
Perkins vs. Kirby

03A01-9709-CH-00429
Court of Appeals 05/20/98
Crittenden vs. Crittenden

03A01-9709-CH-00407
Court of Appeals 05/20/98
Shahrdar vs. Global Housing, Inc.

01A01-9710-CV-00553

Originating Judge:Marietta M. Shipley
Davidson County Court of Appeals 05/20/98
Walker vs. State

03C01-9612-CR-00482
Knox County Court of Criminal Appeals 05/20/98